Term
| List 3 different bonds used in construction. |
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Definition
1. Bid bonds
2. Performance bonds
3. Payment bonds |
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Term
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Definition
| A form of security to insure that the bidder will enter into the contract if the award is made to it. |
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Term
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Definition
Insures completion of the project by the contractor, guaranteeing that if the contractor defaults, the bonding company will step in and finish the work.
A performance bond also is applicable between a prime contractor and its subcontractor, assuring the prime that the subcontractor will perform or pay. |
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Term
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Definition
| Sometimes known as a labor and material payment bond provides a source of payment for the contractors' or subcontractors' labor and materialmen. |
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Term
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Definition
| Southern Standard Building Code |
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Term
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Definition
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Term
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Definition
| Building Officials and Code Administrators |
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Term
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Definition
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Term
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Definition
| International Building Code |
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Term
| What elements must be present in order to render a contract valid? |
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Definition
1. An offer
2. Acceptance
3. Capacity of both parties
4. State of mind
5. Meeting of the minds (both parties are in harmony with each others's intentions) |
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Term
| What's the purpose of subdivision regulations? |
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Definition
Used to control the intensity of a proposed development by:
1. limiting the site's size
2. location
3. proximity to other uses
4. density
5. coverage |
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Term
| What do building controls pertain to? |
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Definition
1. methods
2. materials
3. systems
4. strengths
5. minimum standards
6. overall quality of development at a site |
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Term
| What are lot coverage limits used to control? |
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Definition
| Size of pavement or building coverage in relation to total site size. |
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Term
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Definition
| Used to carry the highest number of vehicles, usually at higher rates of speed in relation to other street types. |
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Term
| Collector or local street |
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Definition
| Streets having a smaller traffic-volume capacity than an arterial street. |
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Term
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Definition
| A street with a landscape space in the center and at the edges. It might typically be wider than a local street, yet would not be specifically associated with any particular traffic capacity. It could be a local, collector or arterial street. |
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Term
| Capital improvement program |
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Definition
| A long-life major expenditure by a public agency. Two or more capital projects would form a program. |
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Term
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Definition
| Local improvement district. It's normally the result of a component public works project within a capital improvement program. It's a defined area or zone with specified properties that benefit from specific capital improvement project, and it has many local variations, such as the rural improvement district (RID) or utility district (ULID). |
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Term
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Definition
| A civil or private wrong or injury involving the violation of an individual's private personal rights, causing injury to a person or to property. |
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Term
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Definition
| The limit that sets out terms and times under which certain actions can be brought forward in court. |
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Term
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Definition
| The manner in which an action is performed and is a second type of specification for construction. |
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Term
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Definition
| A wrongful act not necessarily associated with any particular time frame. |
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Term
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Definition
| Limited liability company is a form of business organization that can protect a company's assets from creditors. |
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Term
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Definition
| Used widely for consultant services. It doesn't protect assets from creditors. Has a single individual is the business owner. |
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Term
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Definition
| An action ordered to remake a decision that was already made. |
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Term
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Definition
| To repudiate, or reject as unauthorized. |
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Term
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Definition
| An improper action by a public official. |
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Term
| What form is used to ensure that a contract obligation or a regulatory requirement will be met? |
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Definition
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Term
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Definition
| the general category of financial forms, typically issued by an entity other than the contractor, that ensures the owner or a municipal agency that the contract obligation for the monetary amount of the work will be met. Often used to ensure performance of a municipal regulation, such as the installation of temporary erosion-control measures at a site or of sidewalks in a new subdivision. |
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Term
| List 4 commonly available kinds of financial guarantees. |
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Definition
1. Surety bonds
2. Cash deposits
3. Assignment of funds
4. Irrevocable letters of credit |
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Term
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Definition
| The general term fore the vertical view corridor that might normally be 3 degrees, measured up or down, from the height of the viewer's eyes. |
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Term
| List 3 items that should always be in a professional services agreement. |
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Definition
1. Time limits to perform services (to limit liability).
2. Jurisdiction, or venue for dispute resolution (to define where & how the process of dispute resolution can be performed).
3. Basic services. |
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Term
| Department of the Interior |
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Definition
| Has vast public land ownership as well as several branches, such as the National Park Service and the Bureau of Land Management, that require the skills of landscape architects in various roles, such as project management, design, and planning. |
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Term
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Definition
| The category of legal claim that pertains to copyrights and protection of the ownership of creative works, including software are used by nearly all private-sector professional offices providing landscape architecture services. |
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Term
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Definition
| Professional work done by an individual in addition to their principal occupation. It can result in risk exposure for the employer or employee. |
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Term
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Definition
| American Nursery and Landscape Association (formerly the American Association of Nurserymen) is a professional org. that publishes a widely used guide called the American Standard for Nursery Stock. |
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Term
| What method is the most widely used system for evaluating the value of a tree in court? |
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Definition
| The Council of Tree and Landscape Appraisers. It evaluates tree value based on factors such as location, age, use, condition, and size. It is used by Landscape Architects, appraisers or arborists. |
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Term
| State law rarely addresses ___. |
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Definition
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Term
| The two roles of sale and specification trigger the need for ___ ___. |
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Definition
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Term
| A LA's commission to provide professional services to a new client on a project abutting or integral to one of their current projects may lead to a ___ ___ ___. |
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Definition
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Term
| What is not a barrier associated with sustainable construction? |
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Definition
| Training municipal inspectors in sustainable certifications. |
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Term
| When a LA is the sub-consultant on a project, what is their role typically like? |
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Definition
1. The LA's liability is limited.
2. The LA's coordination responsibility is reduced.
3. The LA's communication with the owner is limited.
4. The LA's management responsibility is reduced. |
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Term
| At the time of substantial completion, the mechanics lien is released to ensure which party is paid? |
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Definition
| The material suppliers and sub-contractors. |
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Term
| What are characteristics of a letter agreement contract? |
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Definition
1. It's written by the LA.
2. It allows the proposal is tailored to the project.
3. It's generally produced from a master form.
4. It's not written by the client. |
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Term
| What does a bid allowance used to assign a dollar amount to? |
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Definition
| Work that has not been specifically detailed. |
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Term
| Who is primarily responsible for approving safe and durable equipment to be incorporated into the work? |
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Definition
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Term
| A requirement for the contractor to adjust the tree staking and the spray pattern of sprinkler heads would most likely be defined in what document? |
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Definition
| A punch list (deficiency list). |
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Term
| Retainage is released to the contractor after ___ ___. |
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Definition
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Term
| What are some appropriate responses for a contractor's RFI? |
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Definition
1. Provide a response in writing.
2. Respond to the request within a specified time period.
3. Answer the question through proper channels. |
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Term
| Why are erosion control fencing, anti-siltation and filters used to prevent land disturbance? |
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Definition
| To prevent construction site run-off from contaminating adjacent lands and streams. |
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Term
| The losses on a partially completed project damaged by arson would be covered by what insurance? |
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Definition
| The owner's all-risk-builder's insurance. |
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Term
| What are two characteristics of closed bid openings? |
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Definition
1. They exclude the public.
2. They are used for military projects. |
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Term
| Who has the legal authority to issue a change order? |
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Definition
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Term
| During the construction phase, what are some activities typically performed by the LA? |
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Definition
1. Recommending acceptance or rejection of the work.
2. Issuing a written notice to procede.
3. Monitoring the timely completion of the work.
4. Does not inspect the work. |
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Term
| The client has requested a design that can be constructed within a specific cost limitation. What should the contract for professional services include? |
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Definition
| Estimate of probable cost. |
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Term
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Definition
| First required open competitive bidding on U.S. government contracts. |
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Term
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Definition
| Associated General Contractors of America |
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Term
| Specifications include detailed descriptions of what 5 items? |
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Definition
1. General conditions
2. Special provisions
3. Materials
4. Quantities
5. Information on installation |
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Term
| In essence, what are construction documents? |
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Definition
| They are graphic and verbal instructions to a contractor for the purpose of bidding and constructing a proposed design. |
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Term
| What are discrepancies in contract documents referred to as? |
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Definition
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Term
| List the general order of activities associated with construction. |
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Definition
1. Preliminary surveying
2. Tree protection, temporary conditions, erosion control, and transplanting
3. Clearing, grubbing, and demolition
4. Topsoil stripping and stockpiling
5. Rough grading
6. Finish grading
7. Installation of site improvements
8. Planting and seeding |
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Term
| What are the essential elements in a professional services contract? |
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Definition
1. Project description
2. Responsibilities
3. Scope of work
4. Fees
5. Liability limitations and insurance requirements
6. Effective date
7. Changes
8. Termination
9. Judicial jurisdiction
10. Arbitration
11. Clarifying use of documents
12. Signature |
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Term
| What is included in the project description of a professional services contract? |
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Definition
| The nature of project, use, name, location, and any other pertinent info. |
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Term
| What is included in the Responsibilities portion of a professional services contract? |
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Definition
1. Pertains to responsibilities of both client & LA
2. Information required from each. The client typically provies:
a. project program & objectives
b. project construction budget
c. topographic and property boundary surveys, legal description, and soils report.
3. Lines of communication are established
4. Client's payment for services rendered
5. Client's timely decision making and approvals for work completed. |
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Term
| What is included in the scope of services of a professional services contract? |
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Definition
1. Basic services to be provided by the LA.
a. Include project programming, schematic through final design and CD preparation, and CA.
2. Additional services to be provided by the LA.
a. Include post-construction evaluation, display model building, marketing brochure design, and landscape maintenance programming. |
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Term
| List the different fees included in a professional services contract. |
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Definition
1. Percentage basis
2. Fixed-fee basis
3. Multiplier basis |
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Term
| Describe a percentage basis fee. |
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Definition
| A fee is calculated on the basis of the % of project construction cost (typ. 6%, 8% or 12%). The more complicated the project, the higher fee percentage. |
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Term
| Describe a fixed-fee basis fee. |
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Definition
| A fee is negotiated as a fixed price, often based on an estimate of projected labor hours and expenses. |
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Term
| Describe a multiplier basis fee. |
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Definition
| A fee is based on an agreed-upon multiple of direct personal expenses that is in turn based on an estimate of labor time, materials and billable expenses. The multiplier generally generally covers expenses over and above salary or payroll expenses to cover overhead costs, admin and marketing costs, and profit. A common multiplier is 2.5 to 3.0 times direct salary and labor costs. |
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Term
| Describe liability limitations and insurance requirements of a professional services contract. |
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Definition
| It assigns liability in specific terms. A contract can be written to limit or spread out liability among parties of a contract. It can also describe the $ amount of each type of liability insurance required. |
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Term
| List 4 typical types of liability insurance required in a professional services contract. |
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Definition
1. General business
2. Errors and omissions
3. Auto
4. Personal injury |
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Term
| Describe the effective date in a professional services contract. |
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Definition
| Should always be identified either in the main body of the contract or with a written notice to proceed. Establishes a start date. |
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Term
| Describe the "changes" portion of a professional services contract. |
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Definition
| A method or process for amending the contract for the purpose of added or deleting services should be contained in the contract. |
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Term
| Describe the termination portion of a professional services contract. |
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Definition
| Valid circumstances and processes for terminating the contract by either party should be included in the contract. The terms usually contain notification methods and processes, time frame for notification, and other conditions. It should also include whether the transfer of ownership of the LA firm is or isn't acceptable and what must happen should an acceptable or unacceptable transfer occur. |
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Term
| Describe the judicial jurisdiction portion of a professional services contract. |
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Definition
| The section indicates under which court system the contract falls. It's customary for the state and local court system in which either the project or client is named to be selected. |
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Term
| Describe the arbitration portion of a professional services contract. |
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Definition
| Spells out the methods to resolve disputes prior to taking legal action. In addition to method and procedure, the contract generally identifies an arbitration board mutually agreed uppon by both parties. |
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Term
| Describe the ""clarifying use of documents" portion of a professional services contract. |
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Definition
| The LA, as the author of the design drawing and technical specs, owns the copyright to the documents. The rights of ownership include the power to control subsequent use of the documents bu the client or other w/o the prior agreement of the LA. If reuse by the client of the docs is allowed on another project, the LA should not only be compensated, but should seek written release form the owner for any liability exposure that may arise out of the reuse of the documents that occurs w/o direct involvement of the LA. |
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